'Might Refer to Constitution Bench': SC on Delhi Govt's Case Against Ordinance

(Photo: Altered by The Quint)

During the hearing of a plea filed by the Delhi government challenging the Centre's Ordinance regarding control over its administrative services, on Monday, 17 July, the Supreme Court expressed its inclination to refer the matter to a five-judge Constitution bench.

"For the first time they have used power conferred under clause 7 of Article 239AA to take services outside the purview of Delhi government..in a way constitution has been amended.. and we have to see is that permissible. We will hear the challenge to the ordinance by a constitution bench. We have to see by doing this can you amend the constitution?" the court said, according to Bar and Bench.

The next hearing for this case is scheduled for Thursday.

The court also proposed a solution to break the deadlock by recommending that the LG and Chief Minister collaborate and agree on a suitable candidate for the position of Chairperson of the Delhi Electricity Regulatory Commission (DERC).

"We have a suggestion to break the impasse. Can the LG and CM sit down and give an agreeable candidate? So that the person can be appointed for DERC," the court stated.

The court emphasised that the ideal outcome would involve both parties agreeing on a name for the DERC Chairperson. They made it clear that they did not want to interfere in the matter and urged both the LG and CM to resolve the issue through direct discussion.

This suggestion arose after Senior Advocate Abhishek Manu Singhvi, arguing on behalf of the Aam Aadmi Party government, informed the court that the DERC was currently "headless."

The Solicitor-General, Tushar Mehta, informed the court that the Centre had filed an affidavit stating that a bill would be introduced in the upcoming Parliament session to replace the ordinance. This particular case pertains to one section of the ordinance, specifically the appointment of the DERC Chairperson.

(With inputs from Bar and Bench)